JUDGMENT :

R.F. Nariman, J.

The present appeals arise out of two reference orders - one by a Division Bench of this Court dated 8.11.2010 to 3 learned Judges of this Court, and the second by a 3-Judge Bench of this Court dated 27.8.2014, placing the matter before 5 learned Judges of this Court.

2. The reference order by two learned Judges, after referring to Section 98 of the Code of Civil Procedure, 1908, reads as follows:-

"6. The above view was followed by three Judge Bench Court in P.V. Hemalatha v. Kattamkandi Puthiya Maliackal Saheeda and Anr. AIR 2002 SC 2445. That was a case in which the High Court of Kerala had, relying upon Section 98 of CPC, confirmed the decree under appeal despite difference of opinion between the two Judges comprising the Bench on a question of fact. This Court held that while Section 23 of the Travancore-Cochin High Court Act is the general law, Section 98(2) is a special provision. Section 23 of the Travancore-Cochin High Court Act reads as under:

"23. Reference by Chief Justice.-Where two Judges forming a Division Bench agree as to the decree, order or sentence to be passed, their decision shall be final. But if they disagree, they shall deliver separa